| Lawsuits Against Trump
Dropping New Yorkers From Trusted Traveler
Continue Via Telephone
By Matthew
Russell Lee, Patreon
BBC
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SDNY COURTHOUSE,
March 26 -- The Trump
administration's decision to
ban residents of New York
State from the Department of
Homeland Security's "Trusted
Traveler" and Global Entry
program earlier this year gave
rise to lawsuits filed by the
State of New York and by the
ACLU.
On March 26
amid the Coronavirus crisis,
U.S. District Court for the
Southern District of New York
Judge Jesse M. Fuman held a
conference in the case, by
telephone, to hammer out the
briefing schedule.
Furman said it is a new world,
but that briefs should be able
to be filed from wherever
people are working from. As he
spoke, his dog barked in the
background, once.
NYS lawyer
Matthew Colangelo said the
State may cross move for
summary judgment.
ACLU
lawyer Antony Gemmell, for the
purported class action with
named plaintiff Lewis-McCoy,
as well as ACLU Human Rights
director Jamil Dakwar, largely
agree with Colangelo. He was
directed to confer about any
class certification motion.
Assistant
US Attorney Zachary Bannon,
representing acting DHS chief
Chad Wolf, proposed to keep
the Adminstrative Procedure
Act claims on the same track
as the Constitutional
claims.
It was
scarcely different than an
in-person conference; the
ability to call in made it as
straight forward to cover as
an in-court proceeding.
The
briefing schedule, running
into July, will be in a
forthcoming order in the
docket. As proposed by Judge
Furman is includes that the
plaintiffs file any amended
complaint by April 1.
Defendants have until April 15
to file a motion to dismiss,
with same deadline for a
motion for class
certification. Then the filing
of the administrative record
Then any defense motion for
summary judgment on the APA
claims by June 5; opposition
by June 25, any reply July 10.
As
Judge Furman said, there no
way to know what the state of
the world will be in the next
weeks or months. But this
litigation, it seems highly
probably, will continue. The
lead case is New York State v.
Wolf, et al., 20-cv-1127
(Furman).
***
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